Only man accused in Brad Will murder goes free

For those following the case of Bradley Roland Will, left, a U.S. activist-journalist killed while reporting on a protest movement in the southern Mexican state of Oaxaca in 2006, a long wait ended on February 18. After 16 months in prison, Juan Manuel Martínez, a grassroots activist from an impoverished neighborhood in Oaxaca, left his cell after a federal appeals tribunal exonerated him of murdering Will.

Speaking on the phone from
his home in Oaxaca, Martínez said: “It was easier to implicate somebody like me
than the real killers.”

Many agree. Will, 36, was
shot to death on October 27, 2006, as he rushed with other journalists to
record a street battle pitting rock-hurling protesters against a group of armed
men supporting Oaxaca’s governor, Ulises Ruiz, who the protesters wanted to
oust because of electoral fraud and neglect of the poor (Oaxaca is one of
Mexico’s poorest states).

Video,
photographic, and ballistic evidence strongly implicated the armed men in the
murder. They were seen firing high-powered weapons at the protesters and in
Will’s direction. Minutes before two bullets fatally hit Will, a Mexican
journalist near him was shot in the leg. Other journalists recalled bullets
whizzing by them during the clash.

Despite the evidence, the
Mexican authorities did not thoroughly investigate the armed men, who included
a police officer (in plainclothes during the street battle) and a municipal
official. Critics add that such pro-government groups were also behind the
murders of at least 17 other individuals during the 2006 conflict—and that
investigating them would open a Pandora’s box into these deaths and expose
possible ties to Gov. Ruiz, who remains in power and belongs to Mexico’s
old-guard Institutional Revolutionary Party.

When arrested, Martínez
earned about $12 a day running a small bakery with his brother. He lived in a
small house off an unpaved street with his wife and three young children. As
the anti-government movement gained traction in 2006, Martínez became more
involved in the main protest coalition, the Popular Assembly of the People of
Oaxaca (APPO). He joined its anti-government marches, along with thousands of others
in Oaxaca.

In their case against
Martínez, government investigators argued that the bullets that hit Will came
from a close range and alleged that Martínez stood with the protesters during
the street clash. These conclusions defy forensic
studies by Oaxaca state’s chief coroner and independent groups such as the
Boston-based Physicians for
Human Rights. Those reviews found that the bullets had not likely been shot
at close range.

Will’s own family, along
with human rights and press freedom groups, including
CPJ, consistently denounced Martínez’s imprisonment. They argued that local
prosecutors had failed to produce direct eyewitness testimony placing Martínez
at the crime scene or that he had a motive for the killing, particularly as
Martínez supported the protest movement that Will was documenting.

“The government faced
pressure to solve Brad’s murder and figured it was convenient to blame it on
the protesters,” said Martínez. “So they grabbed me, as someone belonging to
the APPO. It was ridiculous and baseless.”

Mexico’s attorney general’s
office has yet to specify whether it will take further action in the murder
case, but Will’s mother told CPJ she is dismayed that there is so little
movement. “Reams of material exist that implicate other people in this murder,
including the people photographed shooting at Brad,” Kathy Will said. “I can’t
believe they jailed an innocent man given all that we know. It so upsetting to
see people with integrity treated this way. It’s a sign of frightful
intimidation.”

In jail, Martínez said that
he resisted signing a blank statement of confession under duress several times.
He added that strangers would visit him in jail and threaten that they knew the
whereabouts of his wife and three young children. “It was terrible,” Martínez
said. “The worst period of my life.”

His family also alleges that
they faced scare tactics. Liliana Tejada, Martínez’s wife, told CPJ that she
received several death threats over the phone while Martínez was in jail. “They
told me to shut up or else,” she said. In the weeks leading up to Martínez’s
release, the couple’s young children reported that men were photographing them
from cars as they exited school. The children have since stopped going to
school.

The family remains on alert
and has requested official protection from Mexico’s National Human Rights
Commission. They are also in contact with Amnesty International, which
has urged Mexican authorities to commit to the Will case and the other 2006
murders in Oaxaca.

“We’re not sure who else to
turn to for help,” said Martínez. “It’s not like we can go to the state
authorities. They are the same ones who put me in jail. My main wish is to
return to a normal life. But I’m also scared to be on the street. I’m afraid of
groups of men, thinking that they might come after me. The psychological fear
is intense. This is what political prisoners suffer.”

Monica Campbell, CPJ's former Mexico representative, is a 2009-10 fellow
at the Nieman Foundation for Journalism at Harvard.

Monica Campbell is a freelance journalist and 2010 Nieman Fellow. She served as CPJ’s Mexico representative for several years.

Comments

The cases of both Brad Will and Juan Martínez need to be taken before the Inter-American Commission on Human Rights (www.cidh.oas.org/), whose job it is to stand witness to governmental abuse of human rights in the Organization of American States. While the IACHR's findings are not binding, they serve to demonstrate to the world that the CNDH under Fox and Calderón has not been doing its job. Photographs of Brad Will's body showed clearly that he was shot with intent to kill by a trained marksman.